Immigration Weekly Update: June 26, 2018

1. Thailand: Amendments made to foreign employee rules

2. Australia: Skilling Australians Fund – Update

3. Bolivia: Documents can now be legalized with apostille

Thailand: Amendments made to foreign employee rules

Bangkok, Thailand

On March 28, 2018 the Emergency Decree on the management of the work of foreign nationals (No.2) introduced important changes to immigration and employment regulations for foreign nationals. The decree also reduces the penalties on non-compliant employers and foreign national employees imposed by Emergency Decree BE 2560.

Key changes: Definition of work

The definition has been revised and is now: “To perform any professional work, regardless of whether or not there is an employer, but excluding the conduct of business of foreign business licence holders according to the Foreign Business Act”. The former wording was: “Exerting one’s physical energy or employing one’s knowledge to perform a profession or perform work, whether or not for wages or other benefits.”

Additional work permit exemptions

The amendment provides for work permit exemptions in certain circumstances. These are:

Foreign nationals who occasionally enter Thailand to organize or attend a conference; to discuss, speak, or present at a conference, training, workshop, or seminar; to perform art and cultural activities; or to participate in sports or any activities prescribed by the cabinet.

Foreign nationals who enter Thailand for the purpose of establishing a business or investment or who possess knowledge and a high level of skill, which will be beneficial to Thailand’s development, as prescribed by the cabinet in the highly skilled visa category.

Representatives of a foreign entity which is granted a foreign business licence under the Foreign Business Act.

Urgent Work Permits

A work permit issued to allow urgent and necessary work can now be extended. Previously restricted to a period of 15 days, this can now be extended for a further period of 15 days if such work is not completed by the foreign national within the initial period. Applications for an extension must be submitted before the initial 15-day period has expired.

Notification of urgent work to the registrar is required. Failure to do so will lead to a fine of not more than THN 50,000 for the foreign national.

Notifications

An employer must now notify the registrar of the Employment Department within 15 days from the date of employment starting and also within 15 days of employment ending.

A foreign national also has a duty to notify the registrar of the name of his/her employer, place of work and type of work within 15 days from the date of being hired and also within 15 days of employment ceasing or taking up employment with another employer. Failure to submit a report will lead to a fine of not more than THB 20,000. The notification requirements do not apply in the case of foreign employees correctly hired with a valid work permit before 28 March 2018.

Reduced sanctions for non-compliance

The penalty for working without a work permit is reduced to a maximum of THB 50,000. This was previously THB 100,000 or up to five years in prison.

The maximum penalty for employing a foreign national without a work permit outside the permitted scope is reduced to a maximum of THB 100,000 with further sanctions for repeat offenders. The fine was previously THB 800,000.

This update was prepared using information obtained from the Ministry of Foreign Affairs of the Kingdom of Thailand.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Jane Beynon, Regional Immigration Manager – APAC.

Australia: Skilling Australians Fund – Update

Sydney, Australia

The Australian Department of Home Affairs has announced that the Migration Amendment or Skilling Australians Fund (SAF) is expected to be implemented between June and September 2018.

When implemented, SAF charges will be payable when nomination applications are submitted for Temporary Skills Shortage (TSS) and permanent subclass 186 and 187 visas.

In addition, changes to the current labour market testing (LMT) will require the following from job advertisements:

They should be undertaken for a period of four weeks

They should be undertaken during a four month period before the nomination is lodged

They must set out any skills or experience requirements that are appropriate for the position

Until implementation the current LMT guidelines should continue to be followed.

Labour Market Testing Update

The Department of Home Affairs has expanded the list of acceptable methods of Labour Market Testing for the Temporary Skill Shortage (TSS) visa subclass 482 nominations to include both:

LinkedIn’s online recruitment platform (job vacancies restricted to LinkedIn profile members are not acceptable)

Industry-specific recruitment websites relevant to the occupation that are of significant use to the industry.

This update was prepared using information obtained from Peregrine Immigration.

Bolivia: Documents can now be legalized with apostille

Lapaz, Bolivia

Bolivia has been added to the Hague Convention, meaning authorities in Bolivia can now accept documents legalized by means of an apostille.

Now that an apostille stamp is accepted, foreign nationals no longer have to go through the consular legalization process.

Key considerations

Due to a new process being implemented, Crown World Mobility advises employees and their employers to expect a small delay in obtaining the apostille.

Going forward, whenever the process is fully implemented, it will be faster to prepare Bolivian documents for use in any of the 115 countries included in the Hague Convention. It will also be faster to apostille documents in the Hague Convention countries for use in Bolivia.

This update was prepared using information obtained from the Hague Conference website.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Roberta Carnaccini, Global Operations Director – Immigration.

UAE: New labour and visa policies

Dubai, UAE

The UAE Cabinet has approved major changes regarding foreign workers and visa regulations:

For the private sector, the bank guarantee system will be replaced with a new insurance scheme.

The deposit that needs to be paid per worker will change from AED 3,000 to AED 60, resulting in AED 14bn being released back to organisations.

Jobseekers no longer have to fly out and re-enter to renew their visa, they can pay a fee instead.

A free six-month temporary visa will be available for foreigners entering the UAE for the first time in search of employment.

Tourists just passing through will now get a transit visa, at no cost, valid for 48 hours.

Key considerations

Although these changes have been officially announced, it is expected to take a few months for them to be fully implemented.

This update was prepared using information obtained from the ARN News Centre.

Immigration Weekly Update: June 26, 2018